Legal Question in Real Estate Law in Illinois
I have a question about a commercial propery that I leased with a man that I didnt know as well as I thought. He is the lease holder and I am on the lease as an occupant. Well the second day of being here trying to set up the office which included doing all the painting which was supposed to have been done by the landlord but was not I was exausted. I am 50 yrs old and have a bad back. I laid down to rest my back and fell asleep only to be woke up by the Lessee having oral sex on me. I call the police and there is a restraining order in place. My questions are what are my rights as an occupant on the lease. I have put alot of effort and money into this unit yet the rent is not affordable to me at this time. Can the landlord just kick me out? Will he have to evict me? How much time do I have to relocate?
1 Answer from Attorneys
If you and the perp signed a lease together, you are not just an "occupant", you are a co-lessee and potentially jointly and severally liable for all leasehold obligations. If you default on the lease you could be liable for rent damages if the perp doesn't meet the lease obligations. And if the rent isn't paid both of you could be evicted and you could still be liable for rent damages.... Can the landlord "just kick me out"? If you are a co-signer on the lease, no, the landlord will have to evict. An eviction, even at this early stage of the lease, could take a couple of months. If the perp can handle the rent without you, time to settle up but make sure you get off the lease; perhaps the value of your painting work could help in this regard. The landlord will most likely care little about the perp's behavior, but you never know - the landlord may not be happy having a tenant like that in his/her building. Time to have your lease obligations reviewed by an attorney and to have some frank talks with the landlord about your options.